Mining Titles Registration Act, 1967 (Act No. 16 of 1967)Chapter IX : Servitudes, Contracts, Tributing Agreements and Leases46. Registration of leases and sub-leases |
| (1) |
| (a) | Any lease or sub-lease of any right and any cession thereof required to be registered in the Mineral and Petroleum Titles Registration Office shall be executed by the lessor and the lessee or by the lessee and the sub-lessee or by the cedent and the cessionary and shall be attested by a notary public. |
| (b) | [Section 46(1)(b) deleted by section 38(b) of Act No. 24 of 2003] |
[Section 46(1) substituted by section 38(a) of Act No. 24 of 2003]
| (2) | If the right leased or sub-leased is mortgaged or subject to rights of any other person it shall not be necessary for purposes of registration of the lease or sub-lease or any cession thereof to produce the bond or the other deed whereby such rights are held or the consent of the legal holder thereof. |
| (3) | Every amendment of the terms and conditions of any lease or sub-lease must be in the form of a notarial deed and must be submitted for registration to the Director-General together with such further originals or copies thereof and such other documents and deeds as may be prescribed. |
[Section 46(3) inserted by section 38(c) of Act No. 24 of 2003]
| (4) | Whenever any lease or sub-lease is lodged for registration or has been amended, modified, abandoned or cancelled, either wholly or in part, such plans, diagrams, deeds and other documents as may be prescribed must be submitted to the Director-General, who must register or record such amendment, modification, abandonment or cancellation. |
[Section 46(4) inserted by section 38(c) of Act No. 24 of 2003]